Student accused of assaulting another at Bellingham high school faces other court cases
BELLINGHAM – The male student accused of repeatedly sexually assaulting another student while at a Bellingham high school is facing three separate criminal court cases, has violated his release conditions multiple times and was suspended from a another high school this fall, according to Whatcom County Juvenile Court records.
The 15-year-old male student is facing one count of indecent liberties by forcible compulsion, which is a felony, for allegedly assaulting a 16-year-old female student in November and December 2021 while they both attended Squalicum High School, the court records show. The male student was charged Feb. 17 in juvenile court, which is a division of Whatcom County Superior Court.
Three Bellingham Public Schools assistant principals were criminally cited Dec. 7 for failing to report, which is a gross misdemeanor, the assaults the female student brought to their attention. All three administrators – Jeremy G. Louzao, Meghan V. Dunham and Maude Chimere Hackney – are mandatory reporters, which requires them by law to report any suspected abuse or neglect of a child to law enforcement or the Washington State Department of Children, Youth and Families.
Hackney is an assistant principal at Bellingham High School, while Louzao and Dunham are assistant principals at Squalicum High School. None of them have been placed on paid administrative leave and all three are continuing to work in their normal capacities and have the school district’s support in doing so, a previous statement from Superintendent Greg Baker said.
The 16-year-old female student had her attorney file a federal civil rights lawsuit Dec. 7 in the Western District of Washington in Seattle against Bellingham Public Schools. In the lawsuit, the student alleges the school district showed a pattern of “extreme and outrageous conduct” after she reported the assaults to the three school administrators, the federal court records show.
The female student, who had a fellow student share with hundreds of others on her behalf during a Squalicum High School walk-out Monday said the school district has failed her. The student’s lawsuit alleges that her federal Title IX protections were violated, and that when she disclosed the abuse to the three school administrators, they dismissed her, forced her into a room with the student accused of assaulting her and failed to take appropriate steps to address the situation.
The Bellingham Public Schools board is expected to address whether the district will provide legal defense for the administrators at its regularly-scheduled Wednesday evening, Dec. 14, meeting.
Baker has reviewed and approved of the board’s resolution to retain attorneys on behalf of the administrators and pay for the costs of defending them against their criminal citations, school board documents show.
In a Wednesday afternoon statement, Baker said that focus of teachers and school staff across all schools is to support their students. He called attention to the commitments made in the district’s Bellingham Promise and said staff are working to “look for opportunities for improvements” in district policies related to how school staff handle student reports of sexual assault and harassment.
Baker said student safety will be a priority in 2023 and said district staff take their duties as mandatory reporters seriously.
He declined to comment on the federal civil rights lawsuit, or the criminal citations issued to the three assistant principals, saying that “this matter is being litigated, and we cannot compromise these legal processes, so we are limited in what we can share.”
“It is important to remember that anyone accused of a crime has rights, including a presumption of innocence and an opportunity to defend themselves through the justice system,” Baker’s Wednesday statement said. “What we can tell you regarding an incident in January at Squalicum High School is that our staff received information and took good-faith actions to support and protect a student based on the information they received.”
Baker said the details regarding the information reported to school administrators and the actions they took in response to the information “are intimately tied to the legal issues being considered by the courts.”
“We, as a district – including all staff – strive to support, care for, listen to, inspire, teach and learn from our students,” Baker’s Wednesday statement said. “We believe all students deserve to be safe and feel safe in our schools, and we are committed to doing the work with our community.”
Indecent liberties case
Juvenile court records filed in the male student’s indecent liberties case state that he and the female student only knew each other through school, have never spent time together outside of campus and that she would tell the accused student to stop and attempt to push him away each time he forcibly tried to assault her.
A sexual assault protection order has been put in place between the victim and the student accused of the indecent liberties. A court order also prohibits him from attending the same school as the victim, according to court records.
The female student told Bellingham police on Feb. 2 that since the end of November 2021, the male student would forcibly touch private parts of her body and tried to put his hands down her pants on multiple occasions while they were attending school. She said the two have never been in a dating relationship and had never spent time together away from school grounds, according to court records.
In an interview done with police two days later, the female student told a detective that the male student was “always saying sexual things to her” and asking to her to have sex with him. She told police the student would often walk up behind her, grab her and grope intimate parts of her body, the records state.
“She would always tell him to stop and push him away,” records state.
In one incident alleged to have occurred while she was sitting at a common area outside of classrooms at the high school, she accused the male student of putting himself between her legs and rubbing intimate parts of her body. The girl said she would try to push the male student away, but he would push himself back onto her, continue assaulting her and trying to kiss her neck, according to court records.
An unrelated female student witnessed the assault and told the detective she heard the female student tell the male student “ ‘No, no, no’ and saw her trying to push him off of her,” the court records state.
The male student eventually walked away from the girl, records show.
Other criminal cases
The male student has two other pending criminal cases in juvenile court, in which he allegedly stole and crashed a vehicle he found at a Bellingham park and assaulted a worker with the state department of children and family services.
He was charged March 7 with possession of a stolen vehicle, a felony, and was charged April 7 with fourth-degree assault, a gross misdemeanor.
Trial confirmations for all three cases are tentatively scheduled for Jan. 3, 2023, court records state.
Documents filed in the male student’s criminal court cases show that he has violated his release conditions on three separate occasions.
The male student, who is a dependent of the state department of children and family services, allegedly left his home roughly two hours after being released from juvenile detention March 28 and did not return home, court records state.
As part of his release conditions in his indecent liberties case, the male student was required at all times, other than in school, to be in line-of-sight supervision by a parent, guardian or adult approved by a parent or guardian aware of the nature of the current charges and release conditions, the court records state. He was also required to have alarms on bedroom doors and windows, which were verified by juvenile probation.
The male student’s school was required to develop a safety plan in order for him to return, but he was not allowed to attend the same school as the victim, court documents state.
A bench warrant for his arrest was ordered March 29. The court determined it was likely he would not respond to a summons and that his arrest was necessary because he is a “community safety risk,” according to the records.
The student was taken into custody April 1, where he remained until late May because state children and family services workers were having difficulty finding a foster placement for the student and would not post his bail, the court records state.
The male student allegedly violated his release conditions on July 7 by leaving the foster home he was placed in for roughly two hours with another youth living there, documents state.
A month later, on Aug. 31, he was suspended from Options High School due to allegedly having alcohol and marijuana in his backpack. He also allegedly left his foster home placement Sept. 1 with an 18-year-old youth from the same home and did not return, violating his release conditions, according to court records.
The male student turned himself in to the court on Oct. 3, court documents state. He was most recently released from juvenile detention on all three cases on or around Nov. 1 in lieu of a $250 bond.
The male student had no criminal history prior to the filing of the indecent liberties case, the court records show.
The Herald has reached out to the male student’s public defense attorney for comment.